United States v. Hernandez-Garcia
United States v. Hernandez-Garcia
Opinion of the Court
MEMORANDUM
Jesus Alejandro Hernandez-Garcia appeals his 57-month sentence for his conviction of one count of being an alien found in the United States following deportation. Even though the 57-month sentence is within Hernandez-Garcia’s correctly calculated Sentencing Guidelines range, we have jurisdiction to review his challenge that this sentence is unreasonable.
Hernandez-Garcia argues that his sentence is unreasonable because the Guidelines count his prior criminal history against him twice. He is arguing that it was unreasonable for the sentencing judge not to depart downwards because this “double counting” resulted in an “unreasonable” sentencing range. However, we have held that the method of counting used to determine Hernandez-Garcia’s sentence is permissible.
Hernandez-Garcia next argues that his sentence is unreasonable because the sentencing judge did not consider the eight months he spent in state custody for his parole violation. Hernandez-Garcia’s incarceration following his parole revocation was punishment for his earlier state crimes, not his illegal reentry.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
. United States v. Plouffe, 445 F.3d 1126, 1128 (9th Cir. 2006).
. See e.g. U.S. v. Luna-Herrera, 149 F.3d 1054 (9th Cir. 1998) (no error in using "prior conviction as a basis for the sixteen point increase pursuant to [§ 2L1.2] and in calculating [defendant’s] criminal history score”).
. United States v. Brown, 59 F.3d 102, 104 (9th Cir. 1995).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.